Workers' Compensation Unit
OAC offices in Denver, Colorado
Springs, and Grand Junction conduct hearings in Colorado workers'
compensation cases. OAC and the Colorado
Division of Workers' Compensation ("DOWC") are
separate divisions of state government. OAC conducts
administrative hearings for a number of state agencies, including
the DOWC. OAC offices have administrative law judges and
staff members who are responsible for handling the workers'
compensation hearings from the time of application for hearing
until final disposition of the hearing. Over the course of a
year, OAC receives many thousands of applications for hearings on
workers' compensation claims. Each administrative law judge
will usually conduct between 100 and 200 hearings per year. OAC
Rules of Procedure for workers' compensation hearings apply
from the time an application for hearing is filed with OAC until
final disposition of the matter.
DOWC is part of the Department
of Labor and Employment. DOWC operates all of the
Colorado workers' compensation programs other than administrative
hearings. The contact information for DOWC is:
633 17th Street, Suite 400 Denver, CO
80202-3660
303-318-8700 (Metro Area)
303-318-8710 (Fax)
1-888-390-7936 (Toll-free)
1-800-685-0891 (En Espaņol)
The DOWC
Prehearing Conference Unit conducts prehearing and
settlement conferences in workers' compensation claims. This
unit assists OAC in handling motions in workers' compensation
cases and in resolving disputes. You may contact the DOWC
Prehearing Conference Unit at:
633 17th Street, Suite 1300 Denver,
CO 80202-3660
Main Number: (303) 866-5527
Setting Line: (303) 866-5508
Fax Number: (303) 866-5588
DOWC has adopted procedural
rules for all aspects of Colorado workers' compensation other
than the administrative hearings. For example, DOWC rules
specify claims adjusting practices, suspension of temporary
disability benefits, selection of the authorized treating
physician, dispute resolution and discovery, selection of the
Division Independent Medical Examiner, permanent impairment rating
guidelines, medical utilization reviews, medical treatment
guidelines, and the medical fee schedule. DOWC handles
creation of the actual workers'
compensation claim. DOWC also has other standard
forms for claim handling not involving the administrative
hearing before OAC. The DOWC customer service unit (303)
318-8700 or 1-888-390-7936 (toll-free) assists members of the
public with handling workers' compensation claims.
Colorado's
Workers' Compensation law provides various benefits to
injured employees, including medical benefits, temporary
disability benefits, permanent disability benefits, and
disfigurement benefits. Employers must either be qualified
to be self-insured or the employers must have workers'
compensation insurance from an insurance company. When
disputes arise between the injured employee and the employer or
insurer about the workers' compensation benefits, a party may
apply for a hearing with OAC. The hearings involve the
injured employee (the "claimant") on one side and the
employer and insurance company (the "respondents") on
the other side. In many workers' compensation claims,
the parties are able to arrive at a full
or partial settlement of the claim.
The administrative law judges in the
three offices are experienced Colorado attorneys who have
state-wide jurisdiction over Colorado workers' compensation
hearings. The judges assigned to workers' compensation cases
are required to conduct hearings in various
locations throughout the
state. Once assigned, the administrative law judge conducts
the hearing, reviews the testimony and documentary evidence, and
prepares a written order that decides the issues in that
hearing. A single hearing may take as little as 30 minutes
or may take several days to complete. The administrative law
judge is required to issue a written order within 15 working days
after the conclusion of the hearing. A single workers'
compensation claim may result in multiple hearings and orders on
different issues.
The staff members are the liaison
between the parties or general public and the administrative law
judges. The staff members are responsible for setting
hearings, creating files, processing any motions or other
pleadings, distributing the orders to the parties, and processing
any appeals from the judges' orders. Staff members assist
parties and members of the general public with information about
their hearings without providing legal advice. Most workers'
compensation hearings have attorneys on both sides, although a
party is not required to have an attorney. Self-Represented
parties in administrative hearings are required to know the
law and to be prepared for the hearings.
OAC has standard
forms for the parties to use to apply for hearing, respond to
the application for hearing, confirm selected hearing dates,
cancel hearings, file Case Information Sheets, request full
orders, petition to review, and request transcripts or audio
recordings. OAC also has a language
interpreter's code of conduct form that is required for all
hearings.
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